Criminal Justice Act 2003 (c. 44)

SCHEDULES

F1 SCHEDULE 8 E+W Breach, revocation or amendment of community order

Textual Amendments

F1 Sch. 8 amendment to earlier affecting provision 2006 c. 52, Sch. 5 paras. 1, 10 (1.6.2014 brings paras 5, 6 into force only, 1.2.2015 in so far as not already in force) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 paras. 5(2), 6(2), 10, 11 (with s. 23(4)); S.I. 2014/1287, art. 2(e); S.I. 2015/40, art. 2(w)

Modifications etc. (not altering text)

C1 Sch. 8 modified (4.4.2010) by Criminal Procedure (Scotland) Act 1995 (c. 46), s. 234(6) (as substituted by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 70(8); S.I. 2005/950, art. 2, Sch. 1 para. 42(29) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))) (as amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) (which S.I. was revoked by S.I. 2009/3111, art. 2)) (as amended (3.4.2009) by S.I. 2009/616, arts. 1, 2) (as amended (30.11.2009) by S.I. 2009/3111, arts. 1, 2))

C2 Sch. 8 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 184, 383, Sch. 5 paras. 1, 10, 11; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4; (as amended (1.6.2014 for bringing paras 5, 6 into force only) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 paras. 5(2), 6(2), 10, 11 (with s. 23(4)); S.I. 2014/1287, art. 2(e))

Part 1 E+W Preliminary

Interpretation E+W

1 E+W In this Schedule—

• “the offender”, in relation to a community order, means the person in respect of whom the order is made;

• “the [F2 local justice area] concerned”, area in relation to a community order, means the [F2 local justice area] for the time being specified in the order;

• “the responsible officer” has the meaning given by section 197.

Textual Amendments

F2 Words in Sch. 8 para. 1 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 106(a)

Commencement Information

I1 Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

[F3 1A (1) In this Schedule “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State. E+W

(2) An enforcement officer must be an officer of a provider of probation services that is a public sector provider.

(3) In sub-paragraph (2) “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.]

Textual Amendments

F3 Sch. 8 para. 1A inserted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 6(2); S.I. 2014/1287, art. 2(d)

2 E+W In this Schedule—

(a) references to a drug rehabilitation requirement of a community order being subject to review are references to that requirement being subject to review in accordance with section 210(1)(b);

(b) references to the court responsible for a community order imposing a drug rehabilitation requirement which is subject to review are to be construed in accordance with section 210(2).

Commencement Information

I2 Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

3 E+W For the purposes of this Schedule—

(a) a requirement falling within any paragraph of section 177(1) is of the same kind as any other requirement falling within that paragraph, and

(b) an electronic monitoring requirement is a requirement of the same kind as any requirement falling within section 177(1) to which it relates.

Commencement Information

I3 Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

Orders made on appeal E+W

4 E+W Where a community order has been made on appeal, it is to be taken for the purposes of this Schedule to have been made by the Crown Court.

Commencement Information

I4 Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)